To the extent that the defendant's defense right is not disadvantaged, part of the facts charged was revised.

[Criminal Power] On February 14, 2017, the Defendant was sentenced to one year of imprisonment with prison labor and a fine of 500,000 won in the Incheon District Court due to the crime of injury, theft, etc., and completed the execution of imprisonment with prison labor in the Ansan Prison on October 14, 2017.

【Criminal Facts】

On October 17, 2018, at around 07:01, the Defendant was in a “D” restaurant operated by the victim C in Seongbuk-gu, Seongbuk-gu, Sungnam-si, with no locking device, and then intruded into a restaurant through a door, and then stolen the Defendant with cash of KRW 378,000,000 in the treasury of one week, which is the market price owned by the victim at that place.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Each investigation report (related to field identification and additional entry into a building) and internal investigation report;

1. On-site CCTV images, closure photographs, field identification reports;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, each investigation report (the attachment of the previous judgment and summary order, and confirmation of the principal offense during the period of repeated crimes);

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing among concurrent crimes under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for larceny heavier than punishment);

1. Scope of punishment by law: One month to eighteen years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types]. The case of larceny [type 4] for general property is not at night for intrusion larceny, and falls under one of the substantive concurrent crimes for the crime of intrusion into residence and the crime of larceny, and thus, in applying the sentencing guidelines, it shall be classified as the type of intrusion larceny and shall not be treated as a majority crime.

[Special Aggravations] Reduction element: Aggravation factor where a person intrudes into a place other than an indoor residential space: Specific crime aggravation factor.